State of Haryana Vs.
Jaswinder Singh @ Sindu [2009] INSC 643 (27 March 2009)
Judgment
CRIMINAL APPELLATE
JURISDICTION CRIMINAL APPEAL NO. 605 OF 2009 [Arising out of SLP(Crl.) No.
3896/2007] STATE OF HARYANA ... APPELLANT(S) :VERSUS:
CRIMINAL APPEAL NO.
615 OF 2009 [Arising out of SLP(Crl.) No. 1090/2007] SUNIL KUMAR ...
APPELLANT(S) :VERSUS:
ORDER Leave granted.
Having heard the
learned counsel appearing on behalf of the parties, we are of the opinion that
as the date of birth of the respondent-accused is in question in these matters
and the Courts below have taken contrary views, interest of justice would be
subserved if before final determination of the question as to whether the
respondent- accused was a juvenile or not on the date of occurrence, within the
meaning of the Juvenile Justice (Care & Protection of Children) Act, 2000,
he is examined by a Medical Board constituted by the Civil Surgeon, Kaithal. We
direct accordingly.
The report of the
Medical Board may be placed before the learned Trial Judge, within three months
from date, for consideration thereof afresh.
The Registry shall
send a copy of this order to the Civil Surgeon, District Kaithal, Punjab.
The appeals are
disposed of accordingly.
..........................J
(S.B. SINHA)
..........................J
(Dr. MUKUNDAKAM SHARMA)
NEW
DELHI,
MARCH
27, 2009.
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